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Arms Bill

General requirements - Requirements for selling or supplying arms items and ammunition - Selling or supplying firearms, blank-firing guns, and airguns

41: Defence to prosecution for offence under section 40

You could also call this:

"Defending Yourself Against Charges for Selling or Supplying Firearms Without Checking Licences"

Illustration for Arms Bill

If you are charged with an offence under section 40 of the proposed Arms Bill, you may have a defence. You can argue that you took reasonable steps to check if the person you sold or supplied a standard firearm to had a firearms licence or was a licensed business. You can also argue that the firearm was sold or supplied for use under someone else's supervision. If you are charged with a different offence under section 40, you may have a defence if you can prove you took reasonable steps to check the person you sold or supplied an airgun to was 18 or older, had a firearms licence, or was a licensed business. You can also argue that the airgun was sold or supplied for use under someone else's supervision, and that person was 18 or older or had a firearms licence. You must show that the person using the airgun was supervised at all times.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1533604.

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40: Requirements for selling or supplying standard firearm, blank-firing gun, or airgun, or

"Rules for selling guns and airguns to people"

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42: Requirement for selling or supplying pistol or restricted weapon, or

"Selling pistols or restricted weapons: buyers must have a special licence"

Part 2General requirements
Requirements for selling or supplying arms items and ammunition: Selling or supplying firearms, blank-firing guns, and airguns

41Defence to prosecution for offence under section 40

  1. It is a defence to a prosecution for an offence against section 40(1) or (2) if the defendant (A) proves—

  2. A took reasonable steps to ascertain whether the person to whom they sold or supplied the standard firearm (B) was the holder of a firearms licence or was a licensed business; or
    1. that—
      1. the standard firearm was sold or supplied to B for use under the immediate supervision of another person (not being a visitor) who holds a firearms licence (C); and
        1. at all times, while B was in possession of the standard firearm, B was under the immediate supervision of C.

        2. It is a defence to a prosecution for an offence against section 40(3) if the defendant (D) proves—

        3. that D took reasonable steps to ascertain whether the person to whom they sold or supplied the airgun (E) was—
          1. of or over the age of 18 years; or
            1. the holder of a firearms licence; or
              1. a licensed business; or
              2. that—
                1. the airgun was sold or supplied to E for use under the immediate supervision of another person (F) who was—
                  1. of or over the age of 18 years; or
                    1. the holder of a firearms licence; or
                    2. at all times while E was in possession of the airgun, E was under the immediate supervision of F.